Family Law Blog

How Does Child Support Effect Spousal Support

Friday, November 23, 2018

If you are divorcing, there are two types of payments you can receive. One is child support that is meant to support the raising of children as a primary caregiver and the second in spousal support that is meant to support the less financially-stable spouse as they seek employment to live independently. However, the question is, does receiving one affect your ability to receive the other?

In most cases, no, it does not. In fact, if you are the primary caregiver of children, receiving child support can actually mean a better spousal support payment. Say, for example, you gave up your career to raise your children. If you later decided to become divorced, the courts may not want to interrupt the child care that the child is used to and order your ex-spouse to support you with spousal support until the child comes of age. During this time, the courts suggest you also attend school so you can gain employment later. However, the trade off here is that the spousal support will have a notable expiration date that could be later or sooner than your standard spousal support grant.

However, in an alternate situation, if you receive spousal support, it will never mean that you are barred from child support either. Child support, while it can be used to pay things that benefit both parent and child like rent or groceries, is used to support the child and not the parent. Spousal support is awarded to support the spouse while they seek employment to become independent. Typically this means some sort of vocational training. As these two payments are supposed to be used for different things, there is no way that they can affect each other. If you end up with high payments from both, your ex-spouse may insist on a modification, but it is rare they will be done away with just because you are receiving the other payment.

If you are going through a divorce and need help, contact us today.